By Huy Duong & Tinh Le
The logical way to properly resolve theSouth China Sea disputes would first be to determine the ownership of the disputed islands, and then determine how much of the sea belongs to each island. However, given China’s opposition to using an international court or tribunal to resolve the disputes, and given that without a court ruling, no nation will give up its claim to the islands, there’s little prospect of resolving the question of island ownership any time soon.
The problem is that the claimants are stuck indefinitely at the first step, which means they never get around to defining the maritime space belonging to each island. This allows China to act as if most of the South China Sea were disputed, thus bringing the James Shoal, part of the Natuna Sea, the Reed Bank, the Vanguard Bank and Blocks 127 and 128 off the coast of Vietnam into the category of ‘disputed territory.’
Given the problems with the conventional approach, then, it’s imperative that Southeast Asian parties to the dispute find an alternative method – rather than wait for the answer to the question of island ownership, the claimants should do the reverse and first define the extent of the maritime space belonging to each disputed island. This can be done through negotiations or by submitting the question to an international court or tribunal.
How much maritime space belongs to an island obviously depends on the physical geography of that island when compared with surrounding territories, not on who owns it. Therefore, it should be possible to address this question independently of, and without prejudice to, the issue of island ownership.
Once the extent of the maritime space belonging to each island has been defined, the extent of the South China Sea disputes is also defined: those disputes comprise the disputed islands and the area of the sea that actually belongs to each island.
Although defining the extent of the South China Sea disputes doesn’t in itself resolve the problem, it would be the most significant progress forward in decades in managing this issue. For example, while much has been said about the Declaration of Conduct from 2002 between ASEAN and China, as well as on the idea of a new Code of Conduct, these instruments both have a fundamental shortcoming: they don’t define the extent of the disputes. Clearly, different action is necessary depending on whether a disputed or an undisputed area is concerned. It’s therefore necessary to define the extent of the disputed areas before devising the best approach for each area.
As another example, consider China’s proposal of shelving the sovereignty disputes and jointly exploiting the resources. In theory, that sounds like a reasonable proposal. In practice, it’s only reasonable if the joint exploitation is in disputed areas – the problem being, of course, that the extent of the disputed areas haven’t been agreed on by all parties. At the moment, China is demanding joint exploitation arbitrarily, in areas that are up to 700 nautical miles from the coast of China, but which are well within the 200 nautical mile EEZ of the coasts of the Philippines and Vietnam, and closer to those nations’ undisputed territories than to the disputed Paracels and Spratlys. This is clearly unreasonable, and it’s why China’s seemingly reasonable proposal isn’t actually workable. Defining the disputed area in a way that is consistent with international law is a prerequisite for any joint exploration.
Ultimately, defining the extent of the disputed areas would also improve security in the South China Sea. First, the disputes would be contained in clearly marked areas, rather than being expanded arbitrarily. Second, agreeing on what is actually in dispute would reduce mismatched expectations among claimants, which would, in turn, reduce tensions and the likelihood of incidents involving the use of force.
Huy Duong contributes articles on the South China Sea to several news outlets including the BBC and Vietnam's online publication VietNamNet.
Image credit: US Navy
http://the-diplomat.com/asean-beat/2011/10/20/a-south-china-sea-plan/#respond
nirvana
yang zi
nirvana
I am not asking China to discard any claim. I am asking China to discard the “9-dotted” line as it has never been a claim (no coordinates, no defined meaning). It is so easy for a party to delay any peaceful resolution by invoking a dispute with an UNDEFINED claim.
yang zi
a_canadian_observer
John Chan
Cam
yang zi
Cam
I wish you as a ring leader (yang zi, frank, ect) in this endless debate do not represent a majority of Chinese people. If unfortunately so, then the world and China itself is a very sad place to live. Entire of your debating career here at the Diplomat are non-stop insulting, lying and slandering anyone, who disagree with your twisted logics. Instead of love, understanding, peace, and justice, you promote hate, misunderstanding and distrust between nations. You are your Chinese comrades are drumming up for war to achieve your goal of expansionism. Bullying smaller and weaker nations are what you are proud of. You shamelessly promote the supremacy of Chinese race over other races forgetting that we are just flawed human beings. You keep slandering the “Westpac”. What the “Westpac” did to China in the last 3 decades? Without pouring capital investments from the west, China is still dirt poor and isolated as it was 30 years ago. Even , CCP members threw off their Mao suits for Western suits.
Look at you, the world see you as a Chinese wolf crying foul. Perhaps, love is a non-existence thing in you. A personal question for you john chan – have you ever been in love, just once?
Regarding to the 9 dotted China claim in East sea (I don’t call SCS anymore), it should have never been disputed if China stays where she is. Don’t ever venture south thousands of miles away from China shore to claim of what is not hers. So, it is not too late to back off if you don’t want to repeat the horrible consequences of defeat, the Imperial Japan received not long time ago.
By the way, St. Louis Cardinals just won the first game of the World Series last night and I am on vacation. Happy everyone.
Peace out.
John Chan
Viet
yang zi
2. it can shrink island’s EEZ, saying it only have 12 miles, the sea resource should be under Vietnamese coastal EEZ.
Observer
There won’t be any resolution if the involved parties cannot agree on a common legal framework or basis. Unfortunately, China has said it will not accept any international court nor will it accept UNCLOS in this case. It looks like China will only accept its own rules, and in cases when such rule violates an internationally recognized law, many Chinese commentators here will use cases years ago as their justification (Monroe doctrine, unjust invasion of Iraq by US). I guess the logic then is “if something was done by another country, no matter how bad that was, we can do the same now” or “we don’t have to abide by the world order defined by old western countries anymore – we are a superpower now”.
Huy Duong
yang zi
nirvana
In short, you are asking the other parties to concede that China has an UNDEFINED claim, i.e. you are asking the other parties to the negotiation to write a blank check before negotiation begins.
-WITHOUT the “9-dotted” line, it is possible to shelve the disputes on the islands and use the maximalistic interpretation of “adjacent waters” to delimit which waters can not, by any strecth of imagination, considered as a disputed area.
-WITH the “9-dotted” line, anything can be POTENTIALLY under dispute, depending on how China is going to reveal about the line.
Either China inadvertently trapped itself in a legal dead-end (and genuinely looks for a honorable exit) or China is illegally exploiting the ambiguity of a legacy to create maximal difficulties and to delay resolution.
yang zi
a_canadian_observer
Huy Duong
yang zi
a_canadian_observer
John Chan
nirvana
I am sorry that I gave the impression that I did not “respond in kind”. Be assured, I always find a great pleasure reading you. At times both of us have bursted in anger at each other, but it would be boring if we ignore each other’s point of view.
- The Paracels should be settled in a bilateral way => agreed.
- UNCLOS EEZ can not claim islands => agreed.
- Islands are entitled to territorial and a certain EEZ => agreed.
- The 9-dotted line is a long standing claim => NOT AGREED.
yang zi
John Chan
How about treat the nine-dotted line as well defined China border, then apply UNCLOS outwards to solve disputes between the nine-dotted line and VN coast line?
Viet Le
John Chan
Huy Duong can list his demands, why can’t I list my demands? You are totally unreasonable.
nirvana
Do you know how many times you have said on The-Diplomat that the “9-dotted” line is to designate only the islands, not the waters within?
Frank
John Chan
yang zi
John Chan
Viet
Again, empty threat doesn’t credit you anything. You should get back to the ground, john chan. What is your strength anyway? A self made up 9 dotted line armed with lies and empty threats. Why you keep refusing to go to international court? What is China afraid of if she owns SCS with “historical proven”. Can you john chan answer this question without boasting your “strength”?
John Chan
Would Vietnam subject its territory to a third party scrutiny? In my view, the region of southern Vietnam is a disputed land, three parties are claiming it, Cambodia, Republic of Vietnam and Democratic Republic of Vietnam.
Huy Duong
Khanh
John Chan
To rogue states like Philippines and Vietnam, the only thing they understand is stick, not carrot. The current reckless demands on the China’s sovereignty in SCS from Philippines and Vietnam is the result of China’s failed carrot policy.
John Chan
To rogue states the only thing they understand is stick, not carrot. The current reckless demands on the China’s sovereignty in SCS from Philippines and Vietnam is the result of China’s failed carrot policy.
Time
That it is long does not mean that it have any legal standing.
Or could you tell us what is its legal standing?
yang zi
yang zi
Khanh
Frank
Huy Duong
Khanh
Leonard R.
Assuming he’s right about sanguinous ties (I don’t think he is BTW),
why would it follow that claims by other parties could be ignored?
the 9 dotted map area w/ any other country. Its position has been that it owns all of it.
them w/ the US. And all four countries laugh at China all the way to the bank.
John Chan
Whacking Philippines and Vietnam is good enough to make a point, if their backers do nothing, and blame Philippines and Vietnam reckless behaviour, then Philippines and Vietnam will know whether they have got the signals from their master right.
a_canadian_observer
Huy Duong
2. The South East Asian countries’ exploration and development activities are not anywhere near the disputed Paracels and Spratlys.
3. China’s media feeds lies to its people about the SCS. For example, it says, “There are more than 1,000 oil and gas wells plus four airports and numerous other facilities in the area but none of them is built by China”
4. China’s oil & gas activities are no further away from disputed islands than the South East Asian countries’.
Tom Tran
Observer
John Chan
Please do go on, that is how Vietnam and Philippines are harassing the Chinese fishing men. On the principle of co-development the disputed areas, China refrains from retaliation, but Vietnam and Philippines take China’s conciliatory approach as weakness, they are acting up on the provocative USA promise of “back to Asia.”
a_canadian_observer
Huy Duong
Viet